This appeal is directed against the judgment and order of conviction and sentence passed in Sessions Trial No. 33 of 2000 whereby and whereunder the appellant having been found guilty for committing murder of Kandani Devi has been convicted for the offence punishable under section 302 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life and further to pay a fine of rupees five thousand and in default, to undergo rigorous imprisonment for six months.

2. The case of the prosecution is that in the morning of 01.08.1999 while the mother-in-law of the informant was sitting outside near the door of the kitchen and the informant was about to leave home for taking fertilizers to her field, the appellant came with a tangi and started abusing the mother-in-law of the informant. On seeing this, the informant (PW1) hided herself and saw the appellant assaulting the deceased with the tangi on her neck. The neck was almost severed off the body. Therafter, the appellant washed off the tangi which was smeared with blood. Meanwhile, the informant raised alarm. On hearing alarms, Sita Ganju (PW 3) and other witnesses came over there and they saw the ap